Snyder, Paul Eugene ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,672-01
EX PARTE PAUL EUGENE SNYDER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 67704 IN THE 27TH DISTRICT COURT
FROM BELL COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of online solicitation
of a minor and sentenced to four years’ imprisonment. He did not appeal his conviction.
Applicant contends that he is actually innocent because he was prosecuted under a law that
has been declared unconstitutional. The trial court found that Applicant was convicted under the
online solicitation of a minor statute that this Court struck down in Ex parte Lo, and recommended
granting relief.
2
The habeas record reflects that Applicant was convicted for soliciting a minor over the
internet or a commercial online service to meet for sexual contact or sexual intercourse. This conduct
is proscribed by Section 33.021(c) of the Penal Code. The Court’s opinion in Lo invalidated
subsection (b), which forbids a person 17 or older from communicating online or electronically in
a sexually explicit manner with a minor, or distributing sexually explicit material to a minor. Ex
parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). In the opinion, the Court distinguished the
subsection Applicant was prosecuted under, noting that, “the compelling interest of protecting
children from sexual predators is well served by the solicitation-of-a-child prohibition in subsection
(c). But subsection (b) does not serve that same compelling purpose.” Ex parte Lo, 424 S.W.3d 10,
30 (Tex. Crim. App. 2013).
Applicant was not convicted under the unconstitutional subsection of the online solicitation
of a minor statute. Relief is denied.
Delivered: September 17, 2014
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